Can I Go to Jail for Threatening To Hurt Someone in Virginia?

 Posted on July 17, 2025 in Criminal Defense

Threats of death or bodily injury are often meaningless comments made in the heat of the moment. However, in Virginia, threats are taken seriously and can result in severe penalties. If you have been charged with threatening someone, a Fairfax, VA threats of death or bodily injury defense attorney can help you understand how the related laws apply to your case. 

What Does Virginia Law Say About Threats?

Virginia Code § 18.2-60 covers threats of death and bodily injury. It makes it illegal for anyone to threaten to kill or injure another person or to commit violence against someone’s property. A threat can be made in writing, in person, over the phone, or through electronic communication like text messages or social media. Even if no physical harm happens, it is the act of putting someone in reasonable fear that makes it a crime. For example, sending a message saying, "I’m coming to your house to fight," can lead to felony charges if the person believes you are serious.

Other important statutes include:

• Harassment by computer: § 18.2‑152.7:1 makes it illegal to use a computer or network to communicate obscene, vulgar, profane, or threatening language to harass or intimidate someone.

• Threatening the governor or his immediate family: § 18.2-60.1 makes knowingly and willfully threatening to kill or harm the Governor of Virginia or their family a Class 6 felony.

• Threats of abduction: § 18.2-49 criminalizes threats or attempts to abduct someone for money, exploitation, or to commit sexual assault.

• Threats to bomb, damage, or shoot: § 18.2-83 makes it a felony to threaten to bomb, burn, shoot into, or damage a building. The law extends to transportation and includes spreading false information about such dangers.

What Are the Penalties for Threatening Someone in Virginia?

In Virginia, threat-related offenses can be charged as either misdemeanors or felonies, depending on the severity and circumstances. Misdemeanors include actions like online harassment or threats made through email, social media, or text messages. Simple assaults involving verbal threats in person or over the phone are also typically misdemeanors. These offenses are classified as Class 1 and can carry penalties of up to 12 months in jail and fines of $2,500.

Felonies involve more serious threats. These can include written threats that cause reasonable fear. A written threat to kill or injure can generally be charged as Class 6 felonies, which can carry up to five years in prison and a $2,500 fine. More severe threats, like those involving bombs, firearms, or plans to abduct someone, can lead to Class 5 felony charges, punishable by up to 10 years in prison. These distinctions help separate lower-level threatening behavior from conduct viewed as a greater danger to public safety.

How Can You Challenge a Charge of Threat of Death or Bodily Harm in Virginia?

Your attorney will work with you to build your defense. However, a common argument is that the "threat" was a joke, taken out of context, or expressed in anger but not intended seriously. In some situations, your words could be protected as free speech. You may also be able to prove that the victim did not genuinely fear for their safety.

Schedule a Free Consultation With a Fairfax, VA Criminal Defense Attorney Today

At Robinson Law, PLLC, we have over 50 years of experience helping our clients face serious charges. We will protect your rights and fight for you aggressively. Contact our Fairfax, VA threats of death and bodily injury defense lawyers today at 703-844-3746. Hablamos Español.